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NC H397
Bill
Status
6/23/2011
Primary Sponsor
David Lewis
Click for details
AI Summary
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Reclassifies Type A violations into Type A1 (actual death or serious harm) and Type A2 (substantial risk of death or serious harm), with separate penalty structures and correction timelines for each category.
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Increases civil penalties for Type A1 violations in larger facilities from $1,000-$20,000 to match previous Type A ranges, and adds daily penalties up to $1,000 per day for failure to correct violations.
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Creates "Past Corrected Type A1 or Type A2 Violation" category allowing Department discretion to assess or waive penalties based on facility's preventative measures, immediate abatement, and compliance history.
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Redefines Type B violations as violations "detrimental" to health and safety (rather than presenting "direct relationship"), and requires written plans of protection and correction with 15-working-day reporting timelines for both Type A and Type B violations.
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Authorizes Department to order staff training in lieu of all or some administrative penalties if training is violation-specific, Department-approved, and taught by Department-approved instructors, and changes penalty commencement date from "day violation began" to date of penalty notification letter.
Legislative Description
DHHS Penalties and Remedies Revision.-AB
Last Action
Ch. SL 2011-249
6/23/2011